Attorney Mathew Mark Meyer's Legal Cases

Landlord or tenant

Drummer Development, Inc. v. Baxter BBQ, Inc. et al, No. A16-1933 (Minn. Ct. App. May 30, 2017)

May 30, 2017

OUTCOME: Obtained dismissal of claims on multiple grounds at the District Court level. The Minnesota Court of Appeals affirmed, and the Minnesota Supreme Court denied the commercial landlord's petition to appeal.

Commercial landlord commenced action to recover past due rents against commercial tenant and guarantors/shareholders and enforce a promissory note after the two businesses closed.

Real estate

Commerce Bank v. Manley Commercial Inc., No. A11–407 (Minn. Ct. App. Dec. 27, 2011)

Dec 27, 2011

OUTCOME:

Commercial real estate litigation case involving a partial release of commercial property that mistakenly released a lien on adjacent real estate. Lawsuit was commenced to reform the instrument and ree ... stablish the lien on the property.

Real estate

Ameriquest Mortgage Company v. Cleveland, No. A07-1509 (Minn. Ct. App. July 15, 2008)

Jul 15, 2008

OUTCOME: Court granted summary judgment against client, concluding that the rescission was ineffective.

Represented mortgagee/lender in real estate litigation commenced to reinstate mortgage that was mistakenly satisfied on property that was later sold by the mortgagor.

Litigation

Manion v. Nagin, 394 F.3d 1062 (8th Cir. 2005) cert denied 125 S.Ct. 2939

Jan 01, 2005

OUTCOME: Obtained dismissal in District Court for attorney/client, and plaintiff appealed. Eighth Circuit Court of Appeals affirmed. Petition to US Supreme Court denied.

Legal malpractice defense. Former executive director of corporation brought action against corporation's attorney after he was removed from his position as executive director, asserting breach of fiduc ... iary duty, negligence, and tortious interference with a contract stemming from contract including Nagin's conduct in the creation and representation of the Boat Dealers' Alliance, Inc.

Litigation

Boat Dealers’ Alliance, Inc. v. Nagin, No. A04-178 (Minn. Ct. App. Aug. 31, 2004)

Aug 13, 2004

OUTCOME: Challenged personal jurisdiction. District court concluded defendant Florida attorney was subject to jurisdiction.

Legal malpractice defense. Former executive director of corporation brought action against corporation's attorney after he was removed from his position as executive director, asserting breach of fiduc ... iary duty, negligence, and tortious interference with a contract stemming from contract including Nagin's conduct in the creation and representation of the Boat Dealers' Alliance, Inc.

Litigation

TIG Ins. Co. v. Anderson, 663 N.W.2d 1 (Minn. Ct. App. 2003)

Mar 11, 2003

OUTCOME: Obtained summary judgment award for client awarding judgment for assigned claims and mortgage debt at District Court, and prevailed on appeal to the Minnesota Court of Appeals.

Real estate agent malpractice defense, involving insurance coverage issues and transfer of the property subject to an undiscovered mortgage. Alleged insured brought declaratory judgment seeking judgmen ... t that insurer/defendant was responsible for property destroyed by arson. Case involved complex issues involving real estate title issues and insurance coverage.

Litigation

NorAm Inv. Services, Inc. v. Stirtz Bernards Boyden Surdel & Larter, P.A., 611 N.W.2d 372 (Minn. Ct. App. 2000)

Jun 06, 2000

OUTCOME: Obtained summary judgment dismissal of all claims. Court concluded that auditors owed no duty to margin lenders. Decision affirmed by Minn. Court of Appeals, and petition for further review was denied.

Accounting/auditor malpractice defense involving an audit of an American Stock Exchange listed public reinsurance company. Claims involved allegations of fraud and insider trading by company insiders t ... hat were not discovered by the defendant auditors. Plaintiffs sought in excess of $2.5 million loaned by margin lenders to purchasers of publicly traded stocks, that were worthless once the company's stock value dropped.

Litigation

House v. Kelbel, 105 F.Supp.2d 1045 (D.Minn. 2000)

Jan 01, 2000

OUTCOME: Obtained dismissal based upon Plaintiffs' failure to comply with Minnesota expert affidavit requirements in professional malpractice litigation.

Defended accounting malpractice claims against accounting firm and accountant involving patents, manufacturing company, and family-owned businesses.

Native peoples law

Loudner v. United States, 108 F.3d 896 (8th Cir. 1997)

Mar 13, 1997

OUTCOME: Obtained reversal by 8th Circuit. Found that Govt could not rely on publication in Fed. Reg. alone to start the statute of limitations on the time for beneficiaries to make claims to the funds. The fund was reopened for the lineal descendents.

Represented Native American lineal descendents of Sisseton-Wahpeton Mississippi Sioux tribal members seeking part of funds Congress appropriated in 1968 based upon mid-nineteenth century treaty violati ... ons. The Court granted summary judgment based upon the statute of limitations. The appeal focused on the Government's fiduciary duty toward tribal members, and the administrative procedures it used to notify the descendents of their right to share in the funds.

Mathew Mark Meyer's Legal Cases (9)

Drummer Development, Inc. v. Baxter BBQ, Inc. et al, No. A16-1933 (Minn. Ct. App. May 30, 2017)

Commerce Bank v. Manley Commercial Inc., No. A11–407 (Minn. Ct. App. Dec. 27, 2011)

Ameriquest Mortgage Company v. Cleveland, No. A07-1509 (Minn. Ct. App. July 15, 2008)

Manion v. Nagin, 394 F.3d 1062 (8th Cir. 2005) cert denied 125 S.Ct. 2939

Boat Dealers’ Alliance, Inc. v. Nagin, No. A04-178 (Minn. Ct. App. Aug. 31, 2004)

TIG Ins. Co. v. Anderson, 663 N.W.2d 1 (Minn. Ct. App. 2003)

NorAm Inv. Services, Inc. v. Stirtz Bernards Boyden Surdel & Larter, P.A., 611 N.W.2d 372 (Minn. Ct. App. 2000)

House v. Kelbel, 105 F.Supp.2d 1045 (D.Minn. 2000)

Loudner v. United States, 108 F.3d 896 (8th Cir. 1997)